CONTESTED DIVORCE LAWYER IN SANTA FE, NEW MEXICO  

Yes, provided that New Mexico has jurisdiction over you and your spouse. New Mexico law requires that you or your spouse live in New Mexico for at least six consecutive months to request a divorce in New Mexico.

New Mexico’s six month requirement prevents spouses from “forum shopping,” or choosing the most favorable state to determine divorce issues that include:

• Property and debt distribution;
• Spousal Support/Alimony;
• Custody;
• Visitation;
• Child Support;
• Any other contested issue.

When parties are unable to agree on all of the divorce’s terms, the remaining issues need to be resolved to finalize the divorce. Not all contested divorces result in trial. Most contested divorces can and should be resolved through the mandatory Settlement Facilitation. At facilitation, an effective facilitator guides the parties towards an agreement that is based on New Mexico law and what the parties should reasonably expect to receive at trial, based on the marriage’s unique facts and circumstances.

At times, the parties are unable to reach an agreement at facilitation. This usually occurs when one side makes unreasonable demands, or makes demands that are not based on New Mexico law. This is why it is extremely important to have an experienced attorney that knows what to expect, based on extensive trial practice.

New Mexico is a “no-fault” state. You are not required to prove fault, such as abuse, adultery, or abandonment to request and receive a divorce in New Mexico.

New Mexico does not require you to prove any wrongdoing. Most divorces are based on incompatibility, discord, or conflict of personalities. However, if certain acts of abuse have prompted your divorce — such as domestic violence or other criminal acts — addressing those issues can protect you and your family from a threat of immediate harm. When children are involved, addressing these acts of abuse can also impact your divorce’s custody or visitation.

If your divorce involves claims of domestic abuse and children are involved, it is essential to speak with an attorney that has extensive courtroom experience with divorce and domestic violence cases.

As the Rolling Stones sing, “You can’t always get what you want.” Your spouse is powerless to stop the divorce. New Mexico is a no-fault state and either spouse can individually request a divorce. If New Mexico has jurisdiction, as described above, your spouse cannot stop the divorce from happening.

New Mexico divorce begins by filing a Petition for Dissolution of Marriage and Summons. The Petition opens the divorce case. The Summons informs your spouse about the divorce and the deadline for filing a Response (30 days from the date of service). Once the Petition is filed, New Mexico courts generally will issue a Temporary Domestic Order (TDO), which freezes the status quo. The Petition, Summons, and TDO must be served upon the opposing party under Rule 1-004. Usually the documents are personally served through a process server, or the sheriff in the other party’s jurisdiction.

A Marital Settlement Agreement that distributes community property/debt and addresses spousal support/alimony is necessary to finalize your divorce. When children are involved, a Parenting Plan is also necessary to determine custody, timesharing, and child support. The divorce is finalized when these documents are filed and the assigned Judge signs the Final Decree of Dissolution of Marriage. Usually it takes about five to ten days from the date that the documents are filed, for the judge to review and sign the Final Decree.

New Mexico is a community property state. This means that property and debt that is acquired during the marriage will generally be split 50-50 upon divorce.

Property that is acquired by either spouse during the marriage is generally considered “community property” and split 50-50. Community property/assets include:

• Cars;
• Homes;
• Businesses;
• Stocks/Bonds;
• Retirement accounts;
• Real property (i.e. land);
• Collectibles and personal property; or
• Other assets with value.

Cars that are purchased during the marriage, in one party’s name alone, are generally considered community assets and the equity or debt is split 50-50 upon divorce.

Debt that is accumulated during the marriage is generally considered “community debt” and split 50-50. Community debt includes:

• Credit cards;
• Loans associated with any property;
• Medical;
• Student loans; or
• Any other debt generated during the marriage.

Debt that is acquired during the marriage, in one party’s name alone, is generally considered community debt and split 50-50.
Property is generally not considered community and will not be split 50-50 in the following situations:

• Acquired before the marriage;
• Inherited or a gift;
• Personal injury settlement; or
• Purchased with separate funds.

The division of property and debts is often one of the most contested matters during a divorce. This is especially true when one party is kept in the dark about the marital finances, when assets are transferred or disposed, or when debt is accumulated that did not benefit the community.

It is essential to hire an experienced attorney with an understanding of New Mexico law that is based on extensive trial experience with your specific judge.